Suspected Kilifi cult leader Paul Mackenzie has asked the Senate Committee on Proliferation of Religious Organizations to give him at least a month to prepare to appear before it over the Shakahola massacre.
Through his advocate Wycliffe Makasembo, Mackenzie complained that the suggested hearing date of October 17, is too short and was done without consultation hence he feels prejudiced.
“Kindly suggest another hearing date, say after one month, to enable our client to consult us and come up with an informed decision and properly prepare for the hearing. Otherwise for all intents and purposes, October 17, is not convenient at all,” Mr Makasembo said in a letter to the Senate.
According to the advocate, his client was summoned on October 13 but the letter reached them two days later.
Last week, during a Court session in Shanzu, the advocate informed Senior Principal Magistrate Yussuf Shikanda that he was not prepared to present himself before any committee until he had resolved the criminal case currently pending in court.
"I want to inform Senator Danson Mungatana that we will not appear before any Senate Committee until we have concluded this criminal case. He should not waste his time,” said Mr Makasembo.
Mackenzie and his 28 co-suspects are being detained as investigations into their role in the Shakahola tragedy that left hundreds of followers of Good News International church dead and others severely malnourished continues.
The state has requested an extension of time by six months to detain the respondents to finalise investigation.
The court heard that the additional time will be used to carry out the necessary scientific processes for identifying the 429 bodies that were exhumed from Shakahola forest.
During the court proceedings, it was revealed that approximately 360 bodies were severely decomposed, resulting in highly degraded DNA material. This degradation has affected the quality and quantity of the DNA samples required to generate complete DNA profiles.
It was also mentioned that the extraction of DNA material from bones can take anywhere from two to 14 days per sample, depending on the level of decomposition.
The state has also argued that evidence obtained through the scientific process is crucial for identifying the victims and deceased individuals. This identification is crucial in initiating proper criminal charges against the respondents and ensuring that justice is served to both the victims and the suspects.
The state emphasized that victim identification is critical due to the various causes of death among the victims. According to the latest data, 214 deaths were caused by starvation, 39 by asphyxia, 14 by head injuries, while the cause of death for 115 remains unknown. Other deaths were attributed to different causes.
Additionally, the court has heard that Mackenzie and his associates destroyed the belongings of the victims, including birth certificates and identification documents, before burying them in the forest. The case will be mentioned on October 19.
